Tanveer Ahmad Shakil Ahmad Kadri v. Sameena W/O Tanvirahmad Kadari

1/2 32 WP-6696.22 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6696 OF 2022 Tanveer Ahmad Shakil Ahmad Kadri ] ... Petitioner

Versus

Sameena w/o. Tanvirahmad Kadri ] ... Respondent ...

Mr. Umesh .R. Mankapure for the petitioner.

Mr. Kuldeep Nikam for the respondent.

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 09TH JUNE, 2022.

P.C.:- 1.

By the present writ petition, the petitioner/husband has posed a challenge to an order passed by the Family Court, Sangali, on an application filed below Exhibit 43 seeking interim custody of the two minor daughters from the respondent/ husband.

By the impugned order the custody of the two daughters aged 7 and 5 years is directed to be handed over to the mother for a period of 7 days during the summer vacation i.e. from 6/06/2022 to 13/06/2022.

A.S. Mhaske

2/2 32 WP-6696.22 (C).doc Since the petitioner and the respondent along with the minor children are personally present in the Court, I spoke with them through their respective counsel. The parties arrived at the consensus to permit excess of the two minor daughters to the mother from 9/06/2022 upto 14/06/2022. The understanding reached is that the children will remain with the mother and her family at Chikodi Dist. Belgaum and would be in the exclusive custody of the mother. However, the father who is residing in Meeraj, which is located approximately at a distance of 50 Km, is permitted to reside in Chikodi and if at all he is desirous to do so, by arranging his separate accommodation.

In case the daughters are uncomfortable, the mother shall telephone their father and permit his presence in her house, to be in company of their daughters in order to make them comfortable. It is made clear that on 14-06-2022, evening after 6 p.m, the daughters shall be handed over to their father, since it is informed that their Schools are already scheduled to be reopened on 13-06-2022. If required the children shall be permitted to make a video call to their father instead of visting. With the aforesaid understanding worked out between the parties, I need not go into the merits of the impugned order.

By modifying the impugned order to the aforesaid extent, the writ petition is disposed off.

[SMT. BHARATI DANGRE, J.] A.S. Mhaske